Claimant v Portable Battery Recycling Limited
Outcome
Individual claims
The complaint related to comments alleged to have been made in December 2022. The claim was presented outside the time limits at section 123(a) Equality Act 2010 and the tribunal found it was not just and equitable to extend time under section 123(b).
The complaint alleged discrimination took place in June 2023. The claim was presented outside the time limits at section 123(a) Equality Act 2010 and the tribunal found it was not just and equitable to extend time under section 123(b).
Facts
The claimant, Mr Plotog, brought claims of harassment relating to comments alleged to have been made in December 2022 and direct discrimination alleged to have occurred in June 2023 against his employer, Portable Battery Recycling Limited. The claimant required an interpreter at the hearing. The case involved time limit issues as both complaints were presented outside the statutory time limits.
Decision
The tribunal found that the complaints of harassment in December 2022 and direct discrimination in June 2023 were presented outside the time limits required by section 123(a) of the Equality Act 2010. The tribunal decided it was not just and equitable to extend time under section 123(b) and dismissed those complaints. The claimant's remaining complaints were allowed to proceed to a final hearing.
Practical note
This case demonstrates the tribunal's strict approach to time limits in discrimination claims and the importance of filing claims promptly, as the discretion to extend time on just and equitable grounds will not always be exercised.
Legal authorities cited
Statutes
Case details
- Case number
- 2401221/2024
- Decision date
- 20 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No